The Military Manual (2005) of the Netherlands states: “The humanitarian law of war provides for the safeguarding of fundamental human rights of certain categories of persons who are not involved in the fighting, or no longer taking part in combat.”

According to the manual, the humanitarian law of war provides “rules for the protection of different categories of people and property which are not, or have ceased to be, involved in the fighting, e.g., the wounded and sick, shipwreck survivors, prisoners of war, civilians and civilian objects”.

In its chapter on the protection of the wounded and sick, the manual states:

All wounded and sick, also shipwreck survivors, to whichever party they belong, should be spared and protected. The terms “respected” and “protected” are complementary. “Respected” means not harmed, not exposed to suffering or injury and not killed. “Protected” means active safeguarding against dangers and prevention of suffering. Any attack on the lives of the wounded and sick is prohibited. In particular, they must not be killed or exterminated and must not be subjected to torture or any other forms of cruelty.

It is prohibited to attack an adversary who has laid down his arms or has surrendered.

In addition, an adversary who has indicated his intention to surrender may not be attacked.

An adversary who is unconscious or who is otherwise placed hors de combat by wounds or sickness, and who is no longer capable of defending himself may not be attacked either. In general, any person who is in the power of an adverse party may not be attacked.

A combatant who has just become a prisoner of war and uses violence or escapes ceases to be hors de combat and may again be the target of attack.

0409. An adversary who has laid down his arms or surrendered may not be attacked. An adversary who intimates that he is going to surrender also may not be attacked: he must be treated as a prisoner of war. An adversary who is unconscious or otherwise hors de combat due to wounds or sickness, so that he cannot defend himself, may not be attacked. In general, a person who is in the power of an adversary may not be attacked. However, a combatant who has been taken as a prisoner of war and uses violence or escapes has himself forfeited his “hors de combat” status and may again be the target of an attack. The degree of force will depend on circumstances and need.

0410. If a person falls into the adversary’s hands and the conditions of battle prevent that person from being removed as a prisoner of war, that person must be released.

…

A British military tribunal rejected an appeal to necessity of war in the case of the Peleus, a German U-boat whose commander had given the order to fire on life rafts carrying drowning survivors from a ship torpedoed by him, to prevent them from revealing the presence of his submarine. An American military commission would not admit an appeal to necessity of war by the German Lieutenant Thiele who, while hiding from American troops encircling him, had allowed a wounded American prisoner of war to be killed.

The International Crimes Act (2003) of the Netherlands provides that the following constitutes a crime, when committed in time of international armed conflict:

killing or wounding a combatant who is in the power of the adverse party, who has clearly indicated he wished to surrender, or who is unconscious or otherwise hors de combat as a result of wounds or sickness and is therefore unable to defend himself, provided that he refrains in all these cases from any hostile act and does not attempt to escape.

The Military Manual (1993) of the Netherlands provides that, when a person falls into the hands of the adversary under exceptional circumstances preventing his evacuation as a prisoner of war, this person must be released. This situation can occur, for instance, for a long-range post.

The Military Manual (2005) of the Netherlands states: “If a person falls into the adversary’s hands and the conditions of battle prevent that person from being removed as a prisoner of war, that person must be released.”

The word “feasible” when used in Protocol I, for example in Articles 50 and 51 [57 and 58], should in any particular case be interpreted as referring to that which was practicable or practically possible, taking into account all circumstances at the time.

Upon ratification of the 1977 Additional Protocol I, the Netherlands declared that “the word ‘feasible’ is to be understood as practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations”.

Netherlands, Declarations made upon ratification of the 1977 Additional Protocol I, 26 June 1987, § 2.